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september 2013

Supreme Court of India · 2013-09-30

MARUTI RAGHUNATH KADAM (D) BY LRS. vs CHEILARAM JETHANAND MADHRANI .

Citation / case number
SC 2006/3538
Court
Supreme Court of India
Petitioner
MARUTI RAGHUNATH KADAM (D) BY LRS.
Respondent
CHEILARAM JETHANAND MADHRANI .
Author
CHELAMESWAR H.L. GOKHALE
Bench
J. CHELAMESWAR H.L. GOKHALE

Judgment text excerpt

The Supreme Court held that the proceedings for obstruction in execution of a decree for eviction can be maintained in the Court of Small Causes, overturning the High Court's view to the contrary. The Court referenced its earlier decision in Prabhudas Damodar Kotecha & Ors. Vs. Manhabala Jeram Damodar & Anr., which established that such proceedings are permissible. Consequently, the appeal was allowed, and the High Court's judgment was set aside, affirming the appellants' possession of the suit premises.

MARUTI RAGHUNATH KADAM (D) BY LRS. vs CHEILARAM JETHANAND MADHRANI . · Niyam